[Congressional Record Volume 161, Number 118 (Sunday, July 26, 2015)]
[Senate]
[Pages S5741-S5742]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2416. Mrs. MURRAY (for herself, Ms. Collins, Mr. Reed, Mr.
Cochran, Mr. Durbin, Mr. Shelby, Mr. Markey, Mr. Cassidy, Mr. Leahy,
Mr. Warner, Mr. Franken, Mr. Carper, Ms. Hirono, Mr. Coons, Mr. Udall,
Ms. Mikulski, Mr. Brown, Mr. Merkley, Mr. Schumer, Mr. Wyden, Mr.
Schatz, Ms. Warren, Ms. Cantwell, Mr. King, Mr. Murphy, and Mr.
Blumenthal) submitted an amendment intended to be proposed by her to
the bill H.R. 22, to amend the Internal Revenue Code of 1986 to exempt
employees with health coverage under TRICARE or the Veterans
Administration from being taken into account for purposes of
determining the employers to which the employer mandate applies under
the Patient Protection and Affordable Care Act; which was ordered to
lie on the table; as follows:
At the end of subtitle A of title XXXI, add the following:
SEC. 31108. NATIONAL INFRASTRUCTURE INVESTMENTS.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) an Indian tribe;
(C) the District of Columbia;
(D) a territory of the United States;
(E) a local government;
(F) a port authority;
(G) a metropolitan planning organization;
(H) a transit agency;
(I) another political subdivision of a State or local
government; and
(J) 2 or more of the entities described in subparagraphs
(A) through (I), working in collaboration.
(2) Eligible project.--
(A) In general.--The term ``eligible project'' means a
transportation project that, as determined by the Secretary,
would have a significant beneficial impact on a State, a
metropolitan area, a region, or the United States.
(B) Inclusions.--The term ``eligible project'' includes--
(i) a highway or bridge project eligible for funding under
chapter 1 of title 23, United States Code (including a
project related to bicycles or pedestrians);
(ii) a public transportation project eligible for funding
under chapter 53 of title 49, United States Code;
(iii) a passenger or freight rail transportation project;
(iv) a port infrastructure project; and
(v) an intermodal project.
(3) Eligible project costs.--
(A) In general.--The term ``eligible project costs'' means
costs relating to an eligible project, such as the costs of--
(i) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, preliminary engineering and design work,
and other preconstruction activities;
(ii) construction, reconstruction, rehabilitation,
replacement, and acquisition of real property (including land
related to the eligible project and improvements to land),
environmental mitigation, construction contingencies, and
acquisition of equipment; and
(iii) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction.
(B) Dredging activities.--The term ``eligible project
costs''--
(i) includes the costs of dredging activities that are part
of a berth reconstruction or rehabilitation project; and
(ii) does not include the costs of dredging activities that
are the responsibility of the Army Corps of Engineers.
(4) Rural area.--The term ``rural area'' means any area not
in an urbanized area (as that term is defined by the Census
Bureau).
(5) State.--The term ``State'' means--
(A) any of the 50 States; or
(B) the District of Columbia.
(6) Substantial completion.--The term ``substantial
completion'' means the opening of an eligible project to
vehicular or passenger traffic.
(b) National Infrastructure Investments Program.--
(1) Program.--Not later than 1 year after the date of the
enactment of this Act, the Secretary, by regulation, shall
establish a program under which the Secretary shall award
competitive grants to eligible entities for use in carrying
out eligible projects.
(2) Grant requirements.--
(A) Amount.--Except as provided in subparagraph (E)(ii)(I),
a grant under this section shall be in an amount that is--
(i) not less than $10,000,000; and
(ii) not greater than $200,000,000.
(B) Geographical distribution; balance; investment.--In
providing grants under this section, the Secretary shall take
such measures as are necessary to ensure, to the maximum
extent practicable--
(i) an equitable geographical distribution of funds;
(ii) an appropriate balance in addressing the needs of
urban and rural areas; and
(iii) investment in a variety of transportation modes.
(C) Maximum percentage per state.--Not more than 25 percent
of the amounts made available to provide grants under this
section for a fiscal year may be provided for eligible
projects in a State.
(D) Federal share.--
(i) In general.--Except as provided in subparagraph
(E)(ii)(II), the Federal share of the cost of carrying out
any eligible project funded by a grant under this section
shall be, at the option of the eligible entity receiving the
grant, up to 80 percent.
(ii) Priority.--In providing grants under this section, the
Secretary shall give priority to eligible projects that
require a contribution of Federal funds in order to complete
an overall financing package for the eligible projects.
(E) Eligible projects in rural areas.--
(i) In general.--Not less than 20 percent of the amounts
made available to provide grants under this section for a
fiscal year shall be provided for eligible projects located
in rural areas.
(ii) Minimum grant amount; federal share.--With respect to
an eligible project located in a rural area--
(I) the minimum amount of a grant under this section shall
be $1,000,000; and
(II) the Secretary may increase the Federal share of the
cost of carrying out the eligible project up to 100 percent.
(F) Set-asides for certain costs, projects, and
transfers.--Of the amounts made available under this section
for a fiscal year, the Secretary may--
(i) use an amount not to exceed $20,000,000 for grants that
pay for the planning, preparation, or design of eligible
projects; and
(ii) use an amount not to exceed $20,000,000 to fund the
provision and oversight of grants under this section,
including transfers of funds from that amount to the
Administrators of the Federal Highway Administration, the
Federal Transit Administration, the Federal Railroad
Administration, and the Maritime Administration to fund the
provision and oversight of grants under this section for
eligible projects under the administrative jurisdiction of
those agencies.
(3) Selection among eligible projects.--
(A) Establishment.--The Secretary shall establish criteria
for use in selecting among eligible projects to receive
funding under this section.
(B) Selection criteria.--
(i) Primary selection criteria.--The Secretary shall select
among eligible projects by evaluating the extent to which an
eligible project provides significant benefits to a State, a
metropolitan area, a region, or the United States, including
the extent to which an eligible project--
(I) improves the safety of transportation facilities and
systems;
(II) improves the condition of existing transportation
facilities and systems;
(III) contributes to economic competitiveness over the
medium- to long-term;
(IV) improves the environment, improves energy efficiency,
reduces dependence on oil, or reduces greenhouse gas
emissions; and
(V) improves access to transportation facilities and
systems.
(ii) Secondary selection criteria.--In addition to
considering the primary selection criteria described in
clause (i), the Secretary shall consider the extent to which
a project--
(I) uses innovative strategies or technologies to pursue
any of those primary selection criteria; and
(II) demonstrates strong collaboration among a broad range
of participants, or the integration of transportation with
other public service efforts.
(4) Application requirement.--The Secretary shall require
an analysis of project benefits and costs in each application
for a construction grant under this section.
(5) Federal requirements.--The following provisions of law
shall apply to funds made available under this section and
eligible projects carried out using those funds:
(A) Subchapter IV of chapter 31 of title 40, United States
Code.
(B) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
(C) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(D) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
(6) Transparency.--
(A) In general.--The Secretary shall include in any notice
of funding availability a
[[Page S5742]]
full description of how applications will be evaluated
against all selection criteria.
(B) Consultations on decisions.--After provision of grants
and credit assistance under this section for a fiscal year,
the Secretary (or a designee) shall be available to meet with
any applicant, at a time and place that is mutually
acceptable to the Secretary and the applicant, to review the
application of the applicant.
(c) TIFIA Subsidy and Administrative Costs.--The Secretary
may use up to 20 percent of the amounts appropriated pursuant
to the authorization under subsection (e) to pay the subsidy
and administrative costs of projects eligible for Federal
credit assistance under chapter 6 of title 23, United States
Code, if the Secretary determines that such use of funds
would advance the purposes of this section.
(d) State and Local Permits.--Financial assistance under
this section with respect to an eligible project shall not--
(1) relieve any recipient of the assistance of any
obligation to obtain any required State or local permit or
approval with respect to the eligible project;
(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on
private equity invested in the eligible project; or
(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation
of the eligible project.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit
Account), $500,000,000 for each of the fiscal years 2016
through 2021. Amounts appropriated pursuant to this paragraph
shall be made available for obligation on October 1 of the
fiscal year for which they are authorized.
(2) Additional amounts.--In addition to the amounts
authorized to be appropriated under paragraph (1), there are
authorized to be appropriated such additional amounts as may
be necessary to carry out this section for each of the fiscal
years 2016 through 2021.
(3) Availability.--Amounts appropriated for a fiscal year
pursuant to this subsection shall be available for obligation
during the 3-year period beginning on the first day of such
fiscal year.
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